KEY MESSAGE

The implementa�on of Protec�on Forest zoning without community consulta�on has led to nega�ve impacts on the livelihood of local forest‐planters. In the light of Viet Nam preparing to join a Voluntary Partnership Agreement on Forest Law Enforcement, Governance, and Trade (VPA), the impacts could be intensified and exerted upon forest‐planters.

To protect the livelihood of forest‐planters in re‐zoned planta�ons, the implementa�on of forest zoning should include the par�cipa�on and consent of local stakeholders. With regards to planta�ons which have been re‐zoned to Protec�on Forest, logging applica�on procedure should be simplified to allow appropriate logging by local forest‐planters.

Author: Hoang Quoc Chinh, Nguyen Quang Tan

IN THE TIME OF VPA: GRAVE ISSUE FOR FOREST- PLANTERS

PROTECTION FOREST ZONING

In Viet Nam, forest areas (including planta�ons) are either zoned as Produc�on Forest, Protec�on Forest or Special‐use Forest. Forest zoning policy has been implemented by the government to systemize the forestry sector and promote forest protec�on and development. However, the implementa�on of this policy has caused considerable issues at local level. Among these issues is the re‐zoning of planta�ons (Produc�on Forest) to Protec�on Forest.

In this paper, we illustrate the impact of forest zoning on the livelihood of local forest‐planters, at a �me when Viet Nam is preparing for a VPA . Evidence was collected through a stakeholder consulta�on process in Phu Luong district (Thai Nguyen province) and Yen Binh district (Yen Bai province), within the scope of an assessment of poten�al VPA impacts on forest‐dependent communi�es, conducted by SRD in 2014.

As a pro‐poor, non‐government organiza�on, we believe that Protec�on Forest zoning without flexibility and community consulta�on has caused nega�ve impacts on the livelihood of forest‐planters, and these impacts may become more pronounced once the VPA is implemented.

INTRODUCTION

Following the afforesta�on strategy of the government, the total area of planta�ons rose from 0.7 million ha in 1990 to over 3.4 million ha in 2014. Increased afforesta�on has significantly reduced barren land and raised the na�onal forest coverage to over 40% (www.kiemlam.org.vn).

Planta�ons consist mainly of Acacia mangium plus few other species such as Eucalyptus, Manglie�a, and the family Meliaceae. These trees generally have a short to medium rota�on, which makes them desirable for �mber produc�on, and ensures a stable, periodic income for forest‐planters.

The development of planta�ons has supported millions of people. Income from �mber accounts for 40‐70% of household income, and provides important lump sum cash to pay for household expenditure. Nonetheless, most forest‐planters are s�ll in poverty, or categorized as low‐income households. Furthermore, forest‐planters in the countryside usually have limited educa�on, low level of scien�fic and technical knowledge, li�le voca�onal training, and limited access to informa�on. Their livelihood depends heavily on �mber from planta�ons.

CURRENT STATUS OF PLANTATIONS AND LIVELIHOOD OF FOREST-PLANTERS

On 5 Dec 2005, Direc�ve 38/2005/CT‐TTg was issued to guide forest zoning ac�vi�es, determine the size for each forest category, form the basis for re‐structuring forestry produc�on, and carry out forest investment, alloca�on, and leasing. However, in many locali�es, the implementa�on of Protec�on Forest zoning has not included the par�cipa�on of local stakeholders. Specifically, local forest‐planters were neither fully informed, nor asked for their opinions and consent. As a result, Protec�on Forest zoning has reduced the size of planta�ons, which were previously designated as Produc�on Forest.

RE-ZONING PLANTATIONS (PRODUCTION FOREST) TO PROTECTION FOREST

CAUSES DETRIMENT TO FOREST-PLANTERS

Box 1: re‐zoning planta�ons to Protec�on Forest in Phu Luong districtIn Phu Luong, about 800 households in six communes (On Luong, Yen Ninh, Yen Lac, Yen

Đo, Hop Thanh, Đuc Chinh) planted Acacia in areas previously designated as Produc�on Forest. About 30% of the households are categorized as poor. Over 80% of the households are ethnic minori�es such as Tay, Nung, San chi and Dao. Forest income accounts for 45% of their total income.

During the period 2007‐2010, the planta�on areas were re‐zoned to Protec�on Forest. When re‐zoning took place, trees had already been planted by local forest‐planters. During the re‐zoning process, local people were not consulted and compensated for their loss of planta�ons. As the planta�ons are now Protec�on Forest, local forest‐planters will find it difficult to log their planted trees, due to strict regula�on on Protec�on Forest logging. Thus, they are facing a poten�al loss of income from forest.

RISK OF VIOLATING THE LOGGING REGULATION IN PLANTATIONS RE-ZONED

TO PROTECTION FOREST

In addi�on to reducing the size of Produc�on Forest, forest re‐zoning leads to change in logging applica�on procedure. Logging applica�on procedure is different from Produc�on Forest to Protec�on Forest, as described in Table 1.

Table 1: Logging applica�on procedures for Produc�on Forest and Protec�on Forest

Logging by household in planta�onzoned as Produc�on Forest

Logging by household in planta�onzoned as Protec�on Forest

(according to Circular 35/2011/TT‐BNNPTNT)

For planta�ons zoned as Protec�on Forest, the limit of 20% selec�ve cu�ng and post‐harvest canopy cover of 0.6 is difficult for small households because they lack the resource and capacity to carry out this technique. Thus, forest‐planters whose planta�ons are re‐zoned to Protec�on Forest will likely fail this requirement. Nonetheless, for livelihood reason, they s�ll harvest �mber in re‐zoned Protec�on Forest, and risk viola�ng the logging regula�on.

Furthermore, the current regula�on also restraints their return, by the limita�on to a 20% selec�ve cu�ng and un�l a further cut is permissible, especially relevant for Acacia as it will lose �mber value if grown old.

Box 2: logging in Protec�on Forest in Yen Binh district Around the Thac Ba reservoir in Yen Binh district, about 400 households plant Acacia and

Manglie�a on 1700 ha of land. The planta�on has been re‐zoned to Protec�on Forest, thus complica�ng the logging procedure. However, for livelihood reason, these households s�ll frequently harvest and sell the �mber to traders who take care of administra�ve paperwork. These households endure the risk of viola�ng the logging regula�on on Protec�on Forest.

• Logging applica�on is reviewed and approved by the Commune People's Commi�ee for self‐funded planta�on, and approved by the Dist r ic t People 's Commi�ee for state‐funded planta�on.• Forest owner decides on how much to log, but if the en�re planta�on is logged, re‐plan�ng must be carried out immediately.

• Logging applica�on is reviewed and approved by the Distr ict People 's Commi�ee

• Forest owner is allowed 20% selec�ve cu�ng and must ensure post‐harvest canopy cover of 0.6

STRENGTHENING THE LOGGING REGULATIONS WITH REGARD TO THE VPA

Viet Nam is currently in the later stage of VPA nego�a�ons with the EU. When the VPA is implemented, Viet Nam will have to exercise strict regula�ons on the whole �mber supply chain to ensure the legality requirement, from the first element in the supply chain – logging. To accomplish this, laws and regula�ons in the forestry sector need to be well enforced. Compliance with logging regula�ons needs to be strengthened.

The examples from Phu Luong and Yen Binh illustrate that forest‐planters in planta�ons re‐zoned to Protec�on Forest are unable to comply with the current logging regula�ons, specifically the requirement for 20% selec�ve cu�ng and post‐harvest canopy cover of 0.6. When the VPA is implemented and logging regula�ons are strictly enforced, the livelihood of those forest‐planters will be threatened.

Box 3: legality requirement in the VPA about logging by households In Annex 3 of the VPA dra�, there is Principle 1 about logging by households. Principle 1

has Criterion 2 (logging in state‐funded planta�on), Criterion 3 (logging in self‐funded planta�on), and Criterion 8 (logging dispersed trees in the garden). Each criterion includes a set of paperwork for legality requirements.

The establishment of criteria in the VPA will improve law enforcement in the forestry sector. However, inflexible implementa�on of the logging regula�ons might lead to nega�ve impacts on the livelihood of forest‐planters in re‐zoned Protec�on Forest.

CONCLUSION AND RECOMMENDATIONS

Forest zoning policy is good for the forestry sector in Viet Nam. However, re‐zoning planta�ons to Protec�on Forest without flexibility and community consulta�on may lead to nega�ve impacts on forest‐planters. Current regula�ons on logging in Protec�on Forest is complicated, even for trees planted by local forest‐planters. Local people usually lack the capacity and resource to meet the required logging technique. Due to their hardship and dependence on planta�ons, many people s�ll log in Protec�on Forest and risk viola�ons.

When the VPA is implemented in Viet Nam, the laws and regula�ons in the forestry sector will be enforced more strictly. This may increase the difficulty for forest‐planters whose planta�ons are re‐zoned to Protec�on Forest, which in turn may discourage planta�on ac�vi�es. The livelihood of forest‐dependent communi�es may be impacted significantly.

To ensure the livelihood of forest‐planters, effec�ve and �mely measuresshould be implemented:

• First, forest zoning policy must ensure that forest‐planters will not be adversely affected by new policy. Local authori�es need to conduct community consulta�on and assess the poten�al policy impacts on community livelihood. Macro‐level policy changes could induce significant impacts on the livelihood of local communi�es that usually lack the capacity to adapt to changes.

• Second, logging applica�on procedure should be simplified for cases of logging in planta�ons re‐zoned to Protec�on Forest. As said above, the main tree is Acacia, unsuitable for the func�on of Protec�on Forest. In addi�on, there should be a plan for conversion to indigenous plants to ensure the func�on of Protec�on Forest.

• In the long term, it is crucial to create livelihood opportuni�es for forest‐dependent communi�es. When the livelihood is ensured, communi�es will have access to educa�on and their awareness about the law and policy will be improved. They will be able to par�cipate and contribute to be�er policy formula�on, and be in a be�er posi�on to cope with changes.

REFERENCE• Circular 35/2011/TT‐BNNPTNT, MARD 2011;• Timber Legality Assurance System (TLAS) dra� version 2, VNForest 2013;• Report on the poten�al VPA impacts on the livelihood of forest‐dependent communi�es in Phu Luong district, SRD 2014;• Report on the poten�al VPA impacts on the livelihood of forest‐dependent communi�es in Yen Binh district, SRD 2014.

With support from the European Union (EU) and the Food and Agriculture Organiza�on of the United Na�ons (FAO).The contents of this document are the sole responsibility of the Service Provider and may in no case be considered as

reflec�ng the opinion of the EU or FAO.

Hoang Quoc ChinhCentre for Sustainable Rural Developmentchinh@srd.org.vn

Nguyen Quang TanRECOFTC ‐ Centre for People and Forests tan@reco�c.org

The author: